- (1.) HEARD finally with the consent of the learned counsel for the parties.
(2.) THIS intra-Court appeal is directed against the order of the Single Bench dated 05.09.2011, whereby S.B. Civil Writ Petition No.11703/2011, filed by the petitioners/appellants against the Award dated 01.04.2011 passed by the Labour Court No.2, Rajasthan, Jaipur, has been dismissed. Briefly stated, the facts of the case, are that workman/respondent No.1 filed a statement of claim before the Labour Court in the year 1999 in respect of his so called retrenchment in 1984. The Labour Court, vide its Award dated 01.04.2011, recorded a finding that retrenchment of the workman was in violation of the provisions of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1948(hereinafter referred to as 'the Act'), therefore, it has passed an order of reinstatement of the workman with 50% back wages. The award passed by the Labour Court was challenged by the petitioners before the Single Bench by way of filing a writ petition, but without success. Hence, the appellants have preferred this intra-Court appeal.
(3.) SUBMISSION of the learned counsel for appellants is that even as per the averments made in the statement of claim, it is clear that so called retrenchment of the workman was made in the year 1984, whereas he had filed the statement of claim after 15 years i.e. in the year 1999, in the Labour Court. Therefore, the statement of claim which was filed after a delay of about 15 years, should not have been entertained. He also submitted that despite delay of 15 years in filing the statement of claim, the Labour Court has awarded 50% back wages from the date of retrenchment. He further submitted that respondent was only a daily wager @ Rs.7/- per day. He was not appointed on regular basis and his appointment was not under any rule. Therefore, even if the Labour Court was of the view that there was violation of the provisions of the Industrial Disputes Act, then at the most, a lump-sum amount of compensation in lieu of reinstatement and back wages, ought to have been awarded. He also submitted that if the arrears of back wages are calculated as per the award of the Labour Court, the same will not exceed more than Rs.50,000/-. Therefore, this Court can award a lumpsum amount of compensation to the extent of Rs.50,000/- to the workman, in lieu of reinstatement and back wages. He also submitted that admittedly the respondent/workman has not worked for the last more than 30 years, therefore, it will not be appropriate to pass an order of reinstatement, but the ends of justice will meet, in case a lumpsum amount of compensation, is awarded in favour of the respondent/workman.;